Take Action: Nix Bill 66

Bill 66 represents an unprecedented and unacceptable attack on legislative provisions which currently safeguard environmental quality and public health and safety throughout Ontario. Canadian Environmental Law Association (CELA).

The Ontario government’s recent bombshell of a bill will roll back many of the province’s fundamental water, pollution and environmental protection rules, leaving Ontarians susceptible to a declining quality of life.

Here’s why: Bill 66 opens up Ontario’s Greenbelt for factory, retail and residential development, undermines drinking water protection rules and guts rules that help industry reduce the release of toxic chemicals. At a time when Ontarians need forward-thinking government action, Bill 66 basically takes us back 40 years.

BACKGROUND TO BILL 66

On December 6, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, was announced by the Government of Ontario and underwent first reading at the Legislature. If enacted, this Bill would repeal theToxics Reduction Act (schedule 5) and amend multiple provincial statutes, including thePlanning Act (schedule 10).

Under Schedule 10 of Bill 66, municipalities can pass "Open for Business" planning by-laws aimed at attracting new major development. This includes a new section, 34.1, which will allow municipalities to create a new type of zoning by-law, called an “Open-for-business planning by-law” (“OFB-ZBL”). An OFB-ZBL, as set out in Bill 66, represents a new zoning power for municipalities.

NIXBILL 66 CAMPAIGN

Environment Hamilton recently launched the Nix Bill 66 Campaign, urging Hamiltonians to send their comments through the Environmental Registry of Ontario (ERO), opposing this bill. We held 3 packed workshops to this end, and the response was tremendous, with people sharing their comments with us, picking up lawn signs, contacting their MPPs and more. Thank you! Well done all! We are heartened by the volume of people who are rising up in protest against this reckless and undemocratic proposal.

Now that the deadline to comment on the Bill through the ERO has passed, we are ready for phase two of the NixBill66 Campaign. The next steps will be focused on urging a Council Resolution to reject Bill 66, schedule 10 in its entirety.

Happily, Planning Department's staff released their ERO response to Bill 66 last week, laying out a strong critique of why staff does not support Schedule 10 of Bill 66 and the proposed ‘Open for Business zoning by-law’ as a tool they would use.

The staff report will be formally presented to the city’s Planning Committee on February 5th. Interested citizens now have the opportunity to delegate or to reach out to their councilors before then to ask them to formally oppose the bill.

Many municipalities and towns have already passed council motions to say they will not support this bill.

Town Council for the town of Georgina has written a strongly worded resolution rejecting the bill, recommending that Schedule 10 of Bill 66 "be immediately abandoned" by the province. They have reached out to other municipalities, including Hamilton, requesting support for their resolution. Other towns and cities including City of Waterloo, City of Cambridge, Town of Aurora, Regional Municipality of Halton, Township of Woolwich and more, have already passed resolutions against the bill.

WORKSHOP

NixBill66: Next Steps

What: Urge Council to Nix Bill 66. Delegate at the next Planning Committee meeting.

Environment Hamilton will help you prepare your 5-minute presentation to the Planning Committee, asking Council to reject Bill 66, Schedule 10 immediately. Note: The Planning Committee is scheduled to meet on February 5th

When: Tuesday, January 29th at 6pm-7.30pm

Where: Environment Hamilton office, 22 Wilson st., Hamilton

RSVP to Beatrice at bekoko@environmenthamilton.org

What the Ford Government says about Bill 66:

The government is arguing that they need Bill 66 and the Open for Business by-law it will authorize to make it more possible to designate lands that are currently protected for new factories, stores or residential development. This is false.

Employment lands are normally located within an urban or town boundary close to infrastructure that can support businesses such as water, sewers, internet and a good road network. Allowing employment uses (like factories or big box stores) anywhere in the province, as the open for business bylaw would allow, will put a huge burden on municipalities and utilities to provide services and upgrade roads in addition to the potential loss of farmland, and environmental impacts. These services are expensive and building them will cause property tax increases and make it even harder to build public transit.

As part of the Ontario government’s housing consultation, the province is asking whether there should be more flexibility regarding the conversion of existing employment lands in urban areas to residential development. Some municipalities have identified surplus lands for new employment uses. In cities like Kitchener and Hamilton where factories have shut down there may be an excess of serviced employment land near new transit lines where conversion makes sense. In some newer greenfield communities, developers own unserviced employment lands they want to build subdivisions on.

It’s important for municipalities to do the analysis to understand if there is enough employment land for complete communities or an excess of land. The Growth Plan employment land policies move us towards complete communities where people can live, work and play. If conversion of employment lands proceeds as part of the housing reforms that come out of the current provincial consultation underway, municipalities may be permitted to rezone employment uses approved under the Open for Business bylaw to residential. As a result there is no demand or need for new lands to be designated for “business” on the Greenbelt, in the Lake Simcoe watershed or on the Oak Ridges Moraine. We can just use the surplus employment lands in towns and cities across the region.

Finally, the province already has the power to override local planning rules to designate land for development if they want to use it. This power is called a Minister’s zoning order (MZO). By proposing that the new “Open for Business bylaw” be implemented by municipalities the province is trying to distance itself from the scrutiny, criticism and accountability that would normally be directed at them if they had they used the MZO. It also increases the number of likely development proposals that will come forward as the development industry is very influential and often funds election campaigns at the municipal level.Breaking the promise not to open up the Greenbelt, Lake Simcoe Watershed, the Oak Ridges Moraine and source water protection areas to new development shows a fundamental disrespect to voters. The health of our region depends on valuing our farms, forests, clean water sources and nature and building robust and vibrant communities.

Make a personal connection by explaining why the Greenbelt, Lake Simcoe, source water protection, Oak Ridges Moraine is important to you. Consider sharing your fears, hopes or vision. Some of these values may be shared.

Make your concerns local. Why is this important for your community in particular? Is it a farming community? How does your family/community benefit, or what is the threat? A sprawling city is a shrinking Greenbelt. If you live in a municipality that wants growth beyond its boundaries talk about how low density growth doesn’t pay its way. More sprawl means higher taxes and more municipal debt.

Ask your MPP to vote against Bill 66. Ask your municipal councillor to adopt the resolution to stop Bill 66 and not use the open for business planning bylaw.(See below)

Talking Points for Phone Calls and Meetings with MPPs :

Ontarians care deeply about the Greenbelt, Lake Simcoe, the Oak Ridges Moraine and clean water. It is home to farmland, forests, watersheds and wetlands. The Oak Ridges Moraine is the rainbarrel of Ontario providing drinking water to over 250,000 Ontarians and feeding many river and streams that flow into Lake Ontario and Lake Simcoe.

The Greenbelt is also economically important. Agriculture in the Greater Golden Horseshoe employes 38,000 people and gross output of farms is $11 billion, that’s $1.7 billion in tax revenue for all three levels of government. The Greenbelt provides $3.2B annually in servicesto the region, such as recreational activities and flood protection. It was created in 2005 to deliberately limit the rapid urban sprawl that was encroaching on land that is both environmentally and economically significant.

The Greenbelt has the capacity to store as much carbon dioxide as would be emitted by 33 million cars a year. Interfering with that crucial ecosystem means missing out on a chance to reduce our emissions and meet climate targets.

Greenbelt development isunnecessary for economic development. A recent Neptis Foundation study found more than 125,000 hectares of land in the GTA is currently available to accommodate growth through to 2031 and beyond. If the province wants to allow a new business in Ontario they already have a tool for that, The Minister’s zoning order, they don’t need to allow municipalities to bypass environmental and health rules meant to protect us.

Bill 66 exempts developers from rules that are crucial to protecting human health.For example, it undermines the Clean Water Act, which protects people from tragedies like the one that happened in Walkerton, where water contamination led to 7 deaths and thousands of cases of severe illness. The bill threatens vital water sources for Ontarians, including Lake Simcoe and the Great Lakes. It also repeals the Toxics Reduction Act meant to reduce pollution by preventing industrial uses of certain toxic chemicals.

Your government did not get elected on this platform. After hearing from Ontarians that they did not want to see the Greenbelt threatened by development, your government wisely promised not to touch that land. Now, Ontarians want to see that commitment fulfilled.

According to a 2016 Nanos poll, 9 out of 10 Ontarians believe the province has a responsibility to ensure a healthy environment for all.By threatening both air and water quality, Bill 66 clearly violates that right.

As a municipal councillor, you have the power to stop the provincial government from interfering in local decision-making. Bill 66 imposes the provincial government’s political agenda on municipal decisions. By adopting a resolution not to use the Open for Business planning bylaw your municipality can send a clear message to your constituents and the province that you support business development but not at the expense of the environment.

MORE OPPORTUNITIES FOR ACTION

USE YOUR RIGHTS UNDER OUR PROVINCIAL ENVIRONMENTAL BILL OF RIGHTS

Did you know that Ontario has an Environmental Bill of Rights? Environment Hamilton regularly comments on postings on the provincial Environmental Bill of Rights Registry - and we encourage other community members to do the same!

Here are some current opportunities to comment on environmentally significant provincial proposals:

1. Comment on the Ford Government's Made-In-Ontario Environment Plan - This is the long-awaited plan that is supposed to replace the provincial Climate Action Plan that was being implemented by the previous Liberal Government. To access the plan and the environmental registry comment page CLICK HERE. Comment deadline is January 28th, 2019.

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